What Chinese Companies and Their Employees Should Know About Searches and Seizures of Electronic Devices at U.S. Borders

February 29, 2024 | BY

Susan Mok

Wendy Wysong, Ali Burney and Lin Yang of Steptoe & Johnson look at the increasing prevalence of electronic device searches at the U.S. border, and the implications for those traveling from China. Handling a border search appropriately, and safeguarding sensitive data, are vital considerations

Summary

  • The frequency of U.S. border inspections is raising privacy concerns
  • Border officials have broad and intrusive powers and non-compliance can have serious implications, including potential criminal sanctions
  • Officers and employees of Chinese companies should be properly briefed and take appropriate precautions before traveling

 

U.S. Customs & Border Protection (CBP) has authority to search any electronic device, without a warrant, probable cause, or even reasonable suspicion, as you cross into the United States at any land border, international airport, or seaport. The U.S. Supreme Court has recognized a border search exemption from the Fourth Amendment's warrant requirement, enabling warrantless and in some cases suspicionless inspections of luggage and electronic devices at these locations (see United States v. Flores-Montano, 541 U.S. 149 (2004); United States v. Montoya de Hernandez, 473 U.S. 531 (1985).

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